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What is the sentencing standard of the crime of infringing trade secrets in our country's laws

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What is the sentencing standard of the crime of infringing trade secrets in our country's laws


        

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  • 2024-06-06 00:00:01

    The crime of infringing trade secrets refers to the act of obtaining the trade secrets of the obligee by theft, inducement, coercion or other illegitimate means, or illegally disclosing, using or allowing others to use the trade secrets they have mastered or obtained, thus causing heavy losses to the obligee of trade secrets.

    The sentencing standard for the crime of infringing trade secrets is: those who commit acts of infringing trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

    [Legal Basis]

    Article 219 of the Criminal Law: Whoever commits one of the following acts of infringing trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:

    (1) Obtaining the obligee's business secrets by theft, bribery, fraud, coercion, electronic intrusion or other improper means;

    (2) Disclosing, using or allowing others to use the trade secrets of the obligee obtained by the means mentioned in the preceding paragraph;

    (3) Disclosing, using or allowing others to use the trade secrets they hold in violation of their confidentiality obligations or the obligee's requirements for keeping trade secrets.

    Those who acquire, disclose, use or allow others to use the trade secret with full knowledge of the acts listed in the preceding paragraph shall be regarded as infringing trade secrets.

    I***

    2024-06-06 00:00:01

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